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RES.2155.03-06-2006
BILL NO. 06-48 RESOLUTION NO. QIaE A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 TO THE AGREEMENT WITH ZOELLNER CONSTRUCTION CO., INC., FOR CONSTRUCTION OF FIRE STATION NO. 3, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute Change Order No. 2 to the Agreement with Zoellner Construction Co., Inc., for construction of Fire Station No. 3, in the City of Cape Girardeau Girardeau, Missuori. A copy of said Change Order is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF �)JDXC�1 , 20 C Jay Knudtson, Mayor CITY OF CAPE GIRARDEAU New Fire Station #3 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the ` ; I day of 4 �i( in the year 20 L_(L by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and zQELANER; CONSMUCTFON�Co:,1 W. (hereinafter called -CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be performed under these Contract Documents consists of... Construction of New Fire Station #3, 1975 North Sprigg Street, Cape Girardeau, Missouri, according to the Contract Documents for the City of Cape Girardeau.. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to. ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within THREE iINOREo ANDSIxTY (360 ) calendar days after the date when the Contract. Times commence to run as provided in paragraph 2.3 of the the Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within THIRTY ( 0 days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not A-1 completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $300.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER 1300.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts - determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. LL IQ TW� HUNDRED THIRTY-TWO THOUSAND TOTAL OF ALL UNIT PRICES: DOLLARS AND ZERO CENTS --------------------- -($2,232,000.00 ) r�T=CN of SFV= FTvE_ �nm 75,2-)0.00 As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications. for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments A-2 Previously made and less,such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Fina/ Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. A-3 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages A-1 to A-7 inclusive). 8.2 Exhibits to this Agreement (pages BF -1 to BF- 7, inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits c, .and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55, inclusive). (EJCDC No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SC -1 to SC- 5 , inclusive). 8.7 Specifications bearing the title New Fire Station #3. 8.8 Drawings. 8.9 Addenda numbers I to i , inclusive. 8.10 CONTRACTOR'S Bid (pages BF- 1 to BF- 7 , inclusive) marked exhibit 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award , letter submitted by contracttw dated December12, 2005. 8.12 The following which maybe delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal A-5 representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. M • IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Effective Date of the Agreement). OWNER City of Cape Girardeau Douglas K. Leslie; City Manager By: � C [CORPORATE SEAL] Attest Address for giving Notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. 20 (which is the CONTRACTOR zoellner Construction Co., Inc. c By [CO ORATEIS } Attest �n�:C.���;� Address forvi g notices 875 PCR 500 Perryville, MO 63775 License No. Agent for service of process: 003-7 3.71V (tf-eC is corporation, a ign.) M X ,`0, Jft3E; 20 (which is the CONTRACTOR zoellner Construction Co., Inc. c By [CO ORATEIS } Attest �n�:C.���;� Address forvi g notices 875 PCR 500 Perryville, MO 63775 License No. Agent for service of process: 003-7 3.71V (tf-eC is corporation, a ign.) M Zoellner Construction Co., Inc. 875 PCR 500 PERRYVILLE, MO 63775 PHONE: (573) 547-8030 FAX: (573) 547-8034 December 12, 2005 Archimages Architecture 9717 Landmark Parkway Dr., Suite 207 St. Louis, MO. 63127 Attn: Joe Frigerio Re: New Fire Station # 3 — Emergency Operations and 9-1-1 Communications Cape Girardeau, MO. — ZCCO-05-262 Dear Joe, Our Base Bid for the above mentioned project was: $2,232,000.00 Alternate # 1: Provide Architectural Grade Asphalt Shingles in lieu of Standing Seam Metal Roof Spec Section 07311 $ (75,200.00) The following is a list of items discussed with the Architect and the Owner to delete from the base bid: • Eliminate providing the Generator (however Contractor to provide labor to install owner supplied Generator) $ (35,435.00) • Use metal soffit panels, gutter and down spouts in lieu of Aluminum. $ (5,863.00) • Delete Corian Countertops and install Plastic Laminate Countertops $ (12,775.00) • Eliminate the Red Color in Concrete Floor: $ (6,395.00) • Delete Air Solutions Air Filtration system (material and installation by others) G.C. to provide Electrical source: $ (24 379 0' New Base Bid Total: $2,071,953.00 If you have any questions please feel free to contact me. Sincerely, Steve Zoellner President CITY OF CAPE GIRARDEAU New Fire Station #3 BID FORM (EJCDC 1910.18) (1890) PROJECT IDENTIFICATION: The improvement consist of construction of New Fire Station #3, 1975 North Sprigg Street, Cape Girardeau, Missouri, according to the Contract Documents for the City of Cape Girardeau. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 03703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (ust nddentla by A(IdGMUm Number and bate) A_DDEAJDUth . I i 4T-61) �t.r. ZZ. h8D(5A; o u m IVe. z bkr6t) NOV, 23, ,2_oc)5 (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and famishing of the Work; BF -1 (c) BIDDER is familiar with and is satisfied as to all federal, state and local taws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) 0,,11 such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not AM solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s) UNIT PRICE BID NO ITEM UNIT EST. UNIT TOTAL OT`• PRICE EST. PRICE t . General Contractor Lump 1 Sum $ $ � Z0, 6 0 o 2. Mechanical Contractor sump 1 $ $d D� 00 Sum l 3, Electrical Contractor Lump t $ $ �D O D0 00 Sum y 4. Plumbing Contractor Lump t $o0 $ j (�� 000,00 Sum 5. Fre Suppression Contractor Lump 1 $ $ S 2 000,10 Sum 26. $ $ D v TOTAL BID FOR ALL UNIT PRICES mOd.0,9 I o mIuwon fwo uNnecv N t2 -T06 -1 -40056 -IVO ftN() No 00. (Written figure) (Total bid amount is to be shown in both words ,and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within 3l, -D {!� calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within thirty dayg_Q0j calendar days after the date when the Contract Times commences to run. BF -3 ALTERNATE NO. 1: PROVIDE ARCHITECTURAL GRADE ASPHALT SHINGLES IN LIEU OF STANDING SEAM METAL ROOF SPEC SECTION 07311. Cost difference (add deduct of .... rV6'`1`l L� Fi U ' u S9/Uo -5-W p / ,GR► da i, Dollars UNIT COST NO. is PROVIDE A UNIT COST FOR REMOVAL AND REPLACMENT OF UNSATISFACTORY SOILS ON A C.Y. BASIS. C.Y. Cost 'L (Liq ayp iyoj)w oar$ ( dD UNIT COST NO. 2: PROVIDE A UNIT COST FOR THE REMOVAL OF REPABLE AND NONREPABLE ROCK ON A C.Y. BASIS. C.Y. Cost Ripable Rock.... Dollars C.Y. Cost Nonripable Rock � _4- /Vo /jP� - — Dollars ($ 91 oa IUD jam; Amin ut;- } BIDDER accepts the provisions of the Agreent as to liquidated es failure to complete the Work within the times specified in the Agreement, m the event of 6. The following documents are attached to and made a condition of this Bid. (a) Required Bid Security in the form of bid bond or cashiers check. (b) Required BIDDER'S Qualification Statement with supporting data. (c) Any Addenda issued. 7. Communications concerning this Bid shall be addressed to: Name 7_b0i.A0)�L PAnl�Dagt-rhAl & rte, Address 0�_�2P. U V 1 (a) Performance and PaymentBonding Company Name II/,F'aki i iu&-0 )A I/'n-nAAkiIj Address I16dI iFktL � BF -4 Agent\Power of Attorney Name (if used) IJi5ss 2L +(� Address.. -009 &LI[A )T' S'12 �7 �•p(�IS -/�(� Ina l� S. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on �" , 2() Ls}. State Contractor License No. IIF BIDDER is: An Individual By doing business as Business address: (Phone No.: A Partnership By _. Business address: Phone No.: A Corporation By ndividual's Name) (Firm Name) (4#neral Partner) 6 (Corporation Name) S-,Alln I yr nwuiNviauvi�) (Name of Person Authorized to Sign) (Title) (Corporate Seal) BF -5 (SEAL) (SEAL) ry) Business address: 5 - Phone No.: 5`1 _ Jc q% Date of Qualification to do business is - D- 2 �AIU ( pOT 16 0 M SEAL) (Name) (Address) (Name) Phone Number and Address for receipt of official communications: x'75 (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) BREAKDOWN OF WORK FORCE (Required): BIDDEN hereby states that he will perform the following items of work directly without employment of subcontractors: L 70 �(�_d M���bN s W�o� G-�SS�S It is anticipated that the following subcontractors will be employed for work on this project: MW SUBCONTRACTORS: (Name) (Type of Work) DGTCi� r� ,P2is is _ MBi,UC,- SSoej A3�D S L M rylJ'�L SrLI�S, i�aP�azUA�/ �'7C �1—��_N _ - K i uv- woJ , CLd o amc,- PQ,C-c g/ o r J d2a w--/ At - BF -7 M X Lefl s v (�I,o 6 n IOVC� CDNcV-r6 FLfSJ/Wa*K THE AMERICAN INSTITUTE OF ARCHITECTS to AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Zoellner Construction Co., Inc., 875 PCR 500, Perryville, MO 63775 as Principal, hereinafter called the Principal, and Western Surety Company P.O. Box 5077, Sioux Falls, South Dakota, 57117-5077, (605) 336-0850 a corporation duly organized under the laws of the State of South Dakota as Surety, hereinafter called the Surety, are held and firmly bound unto City of Cape Girardeau 401 Independence Street Cape Giradeau MO 63703 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Total Amount Bid Dollars( 5%) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) New Fire Station #3 - Emergency Operations and 911 Communications NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give sucla`bond; pr tgg'rft s, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specfigi-s�dpgnd-such larger amount for which the Obligee may in good faith contract with another party to perform the Work cvvei%i (feid bidj4herl this obligation shall be null and void, otherwise to remain in full force and effect. c raw .� , t Signed and sealed this 1 st day of December, 2005 (W'ness) AIA DOCUMENT A310 - BID BOND - AIA ® - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 J. Lemrii (TitIe)9,k#p*rl P� r''=eJf�r� `4 ♦ � 1 J .r J � J Zoellner orlstruction Co., Inc (Principal) %, , ���' w (Seal) ,:.. (Title) We ern urety Company'b 0#•Il: 9G1( ' (Surety) �; eal-) AIA DOCUMENT A310 - BID BOND - AIA ® - FEBRUARY 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 J. Lemrii (TitIe)9,k#p*rl P� r''=eJf�r� `4 Western SuretyCompany POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Dennis D Flatness, Dennis W Lutz, Barbara M Johnson, Taffra S Holman, Susan M Stefanski, Barbara J Lemm, Individually of Saint Louis, MO, its true and lawful Attomey(s}in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by The shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 22nd day of October, 2004. a�•SRe""}"",, WESTERN SURETY COMPANY =at W •_- �`; T N OpKO,p+., Paul . Bruflat, Senior Vice President State of South Dakota 1 County of Minnehaha I ss On this 22nd day of October, 2004, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30, 2006 +5".a',55�,atiro5",55a�,".y".555ti5 + i D. KRELL X r ^NOTARY PUBLIC �� r r i SEAL SOUTH DAKOTA sl1�t r +s",55ti55y",",y".SStiStiti",Sy�,S 4 CERTIFICATE D. Krell, No ry Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this Ist day of December 2005 WESTERN SURETY C01:1P ATY .W: _0 _ 5�0,��c: Form F4280-01-02 AN'elson, Assistant Secretary Performance Bond (Conforms with The American Institute of Architects A.I.A. Document No. A-311 - February 1970 Edition) Bond Nos: 58634265 KNOW ALL MEN BY THESE PRESENTS: that Zoellner Construction Co., Inc., 875 PCR500, Perryville, Missouri, 63775, as Principal, hereinafter called Contractor, and, Western Surety Company, P.O. Box 5077, Sioux Falls, South Dakota, 57117-5077 (605) 336-0850 as Surety, hereinafter called Surety, are held and firmly bound unto Cityof Cape Girardeau, 401 Independence Street, Cape Giradeau, Missouri 63703, as Obligee, hereinafter called Owner, in the amount of TWO MILLION SEVENTY-ONE THOUSAND NINE HUNDRED FIFTY-THREE AND NO/100THS Dollars ($2,071,953.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor by written agreement dated -3 OL IILlC1'"q CIO(. entered into a contract with Owner for New Fire Station #3 - Emeraencv Operations and 911 Communications in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. PERFORMANCE BOND (Conforms with The American Institute of Architects A.I.A. Document No. A-311 - February 1970 Edition) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this 29th day of December, 2005. defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. Zoellner Construction Co., Principal Title Western Suretv Comoan Surety (Seal) /4,1t7.1- Barbara J. Lemm, Attorney -In -Fact , V- ftr??,. FifiiitiAli 11' Labor and Material Payment Bond (Conforms with The American Institute of Architects A.I.A. Document No. A-311 - February 1970 Edition) THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT Bond Nos: 58634265 KNOW ALL MEN BY THESE PRESENTS: that Zoellner Construction Co., Inc., 875 PCR500, Perryville, Missouri, 63775, as Principal, hereinafter called Principal, and, Western Surety Company, P.O. Box 5077, Sioux Falls, South Dakota, 57117-5077 (605) 336-0850 as Surety, hereinafter called Surety, are held and firmly bound unto City of Cape Girardeau, 401 Independence Street, Cape Giradeau, Missouri, 63703 (Owner), as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of TWO MILLION SEVENTY-ONE THOUSAND NINE HUNDRED FIFTY-THREE AND NO/100THS Dollars ($2,071,953.00), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated this J Cl -ti I tJCL P- kJ �) -). c'O(" entered into a contract with Owner for New Fire Station #3 - Emergency Operations and 911 Communications in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. N LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with Signed and sealed this 29th day of December, 2005. substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Pincipal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. ,:rrnnrr,,, Zoellner Construction Co., Inc- �`:' �`�• �= -_ Title%, ' Western Surety Company Surety (Seal), Barbara J. Lemm, Atforney-In-Fact yi�� +�'•o,r .e bif f1, NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one of more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford, American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars (S0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Dennis D Flatness, Dennis W Lutz, Barbara M Johnson, Taffra S Holman, Susan M Stefanski, Barbara J Lemm, Individually of Saint Louis, MO, its true and lawful Attorneys) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 22nd day of October, 2004. WESTERN SURETY COMPANY c ........ .. F A ..,v` s, 4T..._.•µ0 .,w1M DM11 Paul . Bruflat, Senior Vice President State of South Dakota 1 County of Minnehaha I ss On this 22nd day of October, 2004, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires + '' ` '' ` ` " '` 5hSS5 + s D. KRELL s November30,2006 SEAL NOTA RYPUBLIC sE L s SOUTH DAKOTA s 4 Dell. No ry Public CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporatiorR�his.,, 29� , today of December 2005 "o.'; T �..---'..,moo_-, WESTERN N SURETY COMPANY .3r, ��' L. Nelson, Assistant Secretary Form F4280-01-02 '��'•.� err-,. 0 £. Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CHANGE ORDER #1 PROJECT TITLE: New Fire Station #3, Emergency Operations and 9-1-1 Communications Center CONTRACT DATE: CONTRACTOR: Zoellner Construction Company, Inc. The following changes are hereby made to the Contract Documents: UNIT PRICE BID A. QUANTITIES DELETED NO Letter ITEM UNIT PRICE TOTAL EST. Dated PRICE 1 12/12/05 Provide Architectural Grade Asphalt Shingles in ($75,200.00) ($75,200.00) lie of Standing Seam Metal Roof Spec Section 07311 (as listed in the contract as alternate #1) 2 12/12/05 Eliminate providing the Generator (however ($35,435.00) ($35,435.00) contractor to provide labor to install owner supplied Generator)) 3 12/12/05 Use metal soffit panels, gutter and down spouts in ($5,863.00) ($5,863.00) lie of Aluminum 4 12/12/05 Delete Corian Countertops and install Plastic ($12,775.00) ($12,775.00) Laminate Countertops 5 12/12/05 Eliminate the Red Color in Concrete Floor ($6,395.00) ($6,395.00) 6 12/12/05 Delete Air Solutions Air Filtration System (material ($24,379.00) ($24,379.00) and installation by others) G.C. to provide Electrical source TOTAL OF QUANTITIES DELETED ......... ($160,047.000) TOTAL CHANGE ORDER PRICE JUSTIFICATION ($160,047.00) This change order is necessary to reduce the scope of the project, as negotiated with the Contractor. See Attached letter. CHANGE ORDER #1 New Fire Station #3, Emergency Operations and 9-1-1 Communications Center DECEMBER 21, 2005 PAGE 2OF2 CHANGE TO CONTRACT PRICE Original contract price: $ 2,232,000.00 Current contract price as adjusted by previous change orders: $ 00 Current contract price due to this change order will be decreased by: $ 160,047.00 The new contract price due to this change order will be: $ 2,071,953.00 CHANGE TO CONTRACT TIME There will be no change to the contract time in this change order. APPROVAL REQUIRED To be effective, this Change Order must be approved by the Owner if it changes the scope or objective of the project, or may otherwise be required under the terms of the Supplementary General Conditions to the Contract. Recommended by --72__.,,P L-�- Date Richard Ennis, Fire Chief //A? 949 - Ay tencel, City Engineer Accepted by Steven Zoellner, ontractor '- j Approved by Dougla K. Leslie, City Manager Date Date J2- 29-- OS Date t (q J 0 Lf Client#: 29362 ZOELLNER ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 01/04/06D) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Welsch, Flatness, & Lutz, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 308 North 21st Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 66753 A Saint Louis, MO 63166-6753 INSURERS AFFORDING COVERAGE NAIC # INSURED Zoellner Construction Co., Inc. 875 PCR 500 Perryville, MO 63775 INSURER A: United Fire & Casualty Company INSURER B. Accident Fund Insurance Co of Americ INSURER c: Hartford Fire Insurance Company INSURER D: INSURER E: X COMMERCIAL GENERAL LIABILITY COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR DD'POLICY NSR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A GENERAL LIABILITY 60339077 10/01/05 10/01/06 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREM $100,000 CLAIMS MADE u OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 POLICY X PRO- JECT X LOC A AUTOMOBILE X LIABILITY ANY AUTO 60339077 10/01/05 10/01/06 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY 60339077 10/01/05 10/01/06 EACH OCCURRENCE $11,000,000 OCCUR EICLAIMS MADE AGGREGATE $110001000 $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND WCV6012529 10/01/05 10/01/06 TH X TORY WC LIMIT- FR EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C OTHER Contractors 84MSAT2996 10/01/05 10/01/06 Leased/Rented Equipment Equipment Limit: $100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: New Fire Station #3 Certificate holder is added as additional insured under general liability coverage as respects work performed by the named insured. City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 7649 4-4Af\ . 'Cr) %t n U Q f l -r) (� Q L.AIVI.CLLH I IUIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 20 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTA ACORD 25 (2001/08) 1 Of 2 #S120909/M118229 RLE O ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001/08) 2 of 2 #S120909/M118229 `JAN 0 6 2006 r/n= T TTLl ACORoTM INSURANCE BINDER DATE 12/29/05 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. PRODUCER 'V Nr o -Ext. 314-436-2399 COMPANY United Fire & Casualty C BINDER # BINDER151294 FAX, 314 342-7170 (A/C Welsch, Flatness, & Lutz, Inc. 308 North 21st Street P.O. BOX 66753 Saint Louis , MO 63166-6753 EFFECTIVE DATE TIME EXPIRATION DATE TIME 12/28/05 12 • 01 X AM PM 12/28/06 X 12:01 AM NOON PERSONAL &ADV INJURY $– – – – GENERAL AGGREGATE s2,000,000 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY #: CODE: 08-0222 SUB CODE: AGENCY 29362 CUSTOMER ID: DESCRIPTION OF OPERATIONSNEHICLES/PROPERTY (including Location ( B ) Construction of New Fire Station #3 1975 North Spring Street Cape Girardeau, MO INSURED City of Cape Girardeau 401 Independence Street Cape Girardeau, MO GOVERAGES I IMITR TYPE OF INSURANCE COVERAGE/FORMS DEDUCTIBLE COINS % AMOUNT PROPERTY CAUSES OF LOSS BASIC 1-1 BROAD 7 SPEC LOAN # AUTFI()RIZED REPRESENTATIj(Jt� /rte/7.i'1^Y""."t'1 �'i\. /) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR Owners & Contractors RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $1,000,000 DAMAGE TO RENTD PREMISES $– – – – MED EXP (Any one person) $– – – – X PERSONAL &ADV INJURY $– – – – GENERAL AGGREGATE s2,000,000 Protective PRODUCTS - COMP/OP AGG $– – – – AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ UNINSURED MOTORIST $ $ AUTO PHYSICAL DAMAGE DEDUCTIBLE COLLISION: OTHER THAN COL: ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE STATED AMOUNT $ OTHER GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ AGGREGATE $ SELF-INSURED RETENTION $ WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY WC STATUTORY LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL Designated Contractor: Zoellner Construction CO, CONDITOTHER IONS/ Inc. COVERAGES FEES $ TAXES $ ESTIMATED TOTAL PREMIUM $ NAME & ADDRESS ACORD 75 (2001/01) 1 of 2 # 12 3 3 4 NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE CAM © ACORD CORPORATION 1993 MORTGAGEE LOSS PAYEE ADDITIONAL INSURED LOAN # AUTFI()RIZED REPRESENTATIj(Jt� /rte/7.i'1^Y""."t'1 �'i\. /) ACORD 75 (2001/01) 1 of 2 # 12 3 3 4 NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE CAM © ACORD CORPORATION 1993 I CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. ACORD 75 (2001101) 2 of 2 #12334 =-_ TM Document G701 -2001 Change Order PROJECT (Name and address): Cape Girardeau Fire Station #3 & EOC/Communication Center 1975 N.Sprigg Cape Girardeau, MO TO CONTRACTOR (Name and address): Zoellner Construction Company, Inc. 875 PCR 500 Perryville, MO 63775 CHANGE ORDER NUMBER: 002 DATE: March 01, 2006 ARCHITECT'S PROJECT NUMBER: 04187 CONTRACT DATE: January 09, 2006 CONTRACT FOR: General Construction OWNER: ARCHITECT: CONTRACTOR: FIELD: ❑ OTHER: THE CONTRACT IS CHANGED AS FOLLOWS: (Include, where applicable, any undisputed amount attributable to previously executed Construction Change Directives) -Proposal request no. 1 (copyattached) Add $46,894.00 -Proposal request no. 2 (copy attached) Add $2,555.00 -Proposal request no. 2a Add $1,165.00 -Proposal request no. 3 (copy attached) Add $351.00 Proposal request no. 4 (copy attached) Add $808.00 Total Additions: $51,773.00 The original Contract Sum was $ 2,232,000.00 The net change by previously authorized Change Orders $ -160,047.00 The Contract Sum prior to this Change Order was $ 2,071,953.00 The Contract Sum will be increased by this Change Order in the amount of $ 51,773.00 The new Contract Sum including this Change Order will be� $ 2,123,726.00 The Contract Time will be unchanged by Zero ( days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This Change Order does not include changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive. AIA Document G701 TM — 2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:09:41 on 03/01/2006 under Order No.1000169362_1 which expires on 4/7/2006, and is not for resale. User Notes: (2100355783) k . NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER. Archimages, Inc. Zoellner Construction Company, Inc. ARCHITECT (Firm name) CONTRACTOR (Firm name) 9717 Landmark Parkway Drive, Suite 207, 875 PCR 500, Perryville, MO 63775 St. Louis, MO 63127 ADDRESS BY (Signature) Stephen M. Gantner, Jr. (Typed name) 3.1.406 DATE AD E S BY (Signature) Steve Zoellner (Typed name) 3--//-(0C DATE Citv of Cape Girardeau OWNER (Firm name) 401 Independence, Cape Girardeau, MO 63703 ADDRES BY (Siggdture) liC;�CcS K, Lec,�t , (Typed n e) .J,,�)-cIQ( DATE AIA Document G701TM — 2001. Copyright © 1979, 1987, 2000 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:09:41 on 03/01/2006 under Order No.1000169362_1 which expires on 4/7/2006, and is not for resale. User Notes: (2100355783) .02/14/2000 12:54 5735478034 PAGE 01/07 .'7 ---ell er Construction CO., Inc, 875 PCR 500 IPTRRXVILLE, Mid 63775 PHONE; (573) 547-8030 FAX: (573) 547-80341 Proposal Request pricing Archirnages Architecture/Planning February 13, 2006 143 W. Clinton Place St. Louis, MO. 63122 P: (3 14) 965-7445 F: (31.4) 965-777 �---Ar ttention; Mr. Stephen. CTaittraer Re: response to Proposal RequestNumbers 001, 002, 003, &, 004 for New Fire Station 43 Building & 91.1 Emergency Operations. Steve, We are pleased to provide you with the pricing noted below as per your request numbers for this project. Please note that we will attach the subcontractors/suppliers supporting docurnetitation to this document. 1Pronosd JR.euuestNumber 001. Nip Kelley Equipment Company, .Inc. - S 35,353.00 Zoellner Construction Co., Inc. (Seeding, Strawing & Staking) - S 1,822.00 Subtotal - S40,175.00 Zoellner Construction Co., Inc. 15% .Mark up - S 6,026.00 Zoellner Construction Co., Inc. Bonding - S 693.00 Total for Proposal Request Number 001. - S46,894.00 * Testing of compaction i-�; owner's responsibility Pronogal Ron uest Number_ 002: Dutch Enterprises, Inc. (no insulation on under floor. piping) - $ 2,189.00 ZoeRner Construction Co., Inc. 15% Mark up - $ 328.00 Zoellner Construction. Co., Inc. Bonding - 5 38.00 Total for Proposal Request Number 002 - 5 2,555.00 r o"al Request IyU-M+ er 002a: (Additional Floor drains that. Dutch Enterprises, Inc. thought might need to have trap primers (1) each in room 132 & 133, which show up on plans as FD -1) Dutch Enterprises, Inc. (2) additional trap prixncrs if needed - $ 998.00 Zoellncr Construction Co., Inc. 15% Mark up - $ l 50.00 Zoellner Construction Co., Inc. Bonding - $ 17.00 Total for Proposal Request Number 002 - S 1,165.00 02/14/2006 12:54 5735478034 PAGE 02/07 VroRosall Rtfjgest r11mber 003: H &z 0 Sales, Inc. - $ 86.00 Drury Company - $ 215-00 Subtotal - $ 301.04 45.00 Zoellner ConstructioD Co., lnc. 15% Mark up - $ 45.00 Zoellner Construction Co., Inc. Bonding - $ 35 L00 Total for Proposal Request Number 003 Proposal Request Number 404: 03 47 Blackha�ik Electric; Inc. - $ . Zoellner Construction Co., Inc. 15% Mark up - $ 1 103.5533 Zoellner Construction C4)., Inc. Bonding - $ 1.100 Total for Proposal Request Number 004 - $ 808.00 Please do not hesitate to call us with any questions you might have-. Sincerely, Michael L. Keillor project Manager. 02/14/2005 12:54 5735478034 PAGE 03/07 FEe° JO 'EOO6 12:04 FROM; TO. 9.57354 7 6QZ-1 PHONES OFFICE 573334.0553 FAX 573.334.2025 r7/ PP P. O. Box 33 41 N. Sprig9 CAFE GIRARDEAU, MO Zoetlner Consirttcdion Alin; Steve Z044ncr $7S PCA 500 Perryville, AfO 63775.8261 it)?A�SAZ FDS SSR ICES New .Fire Station A III Communicarione C9Rt4!rJot Cdpe Girardeau proposal Request, camber: 001 , Description of WyPli; Nip Felley FIMOtltcnl CO- Ilse: proposes ter provide all labor, equipment and materials to t nrnplrte the following described work: cienrvng and grubbing for th r required work..lmoall 500 W of silt, Oncc. Carrstruct fka dt:tentlnn htssits as shown rn plans died speelfictttiorts Place compacted caarlh fill for proposed street. No staking, tasting, seedl- muiclrr mr permit few are fncladed All f "111 materialsfor the proposed work will evme f "ro.m ronstru c tion of fire Stution 43. Pec for Work: 538,353.00 Proposal O fferl A cceptet n c e: It ks our pleasure to ,vahmit this' proposal to yore, Thank you for the opporiunig, to bid th& work, 1'i~RMS. Net 15 Days iii+ prop l+ rer1 oaa Febnrtary 10. 2046, cord 11.0ja4l to wigx&-�T,+wl if not awarded w!! M 30 der. Prom � Propoual Accept�+d bye 5 news of n actor Dore Sktnarare of alae Vince Kelley -"' 11,ip44 ONetldncC Of f1rld props vel, pldoae+lgn and Munn OW. relay and Main one ropyAr your month) /This proposal l+ based on the mtd the sttc condrtlonr at the trate Of f the PPO:M01 AMY OhMfRes /a AC MON. afthe project by the owner, or to finAW O"e RJR4 Oend!lferxt, osvt nol Part of dd r propusal, mad will k charged on a rima and malarial basic. EaWloyees euwrred k,, workers Ca,npeorsatlwr Insurance. Cwfmr apse.+ to M, all nada Qf COlrerr}4n 1w&dtng Cttarney s.(et r.1 02/14/2066 12:54 5735478034 -19_�0r y8:58 FromiDUTC1� ENT PAGE 04/07 AIM PLUMBING•FiEA7ttyG•CQO1.iNr ACS1t�IS1I.L;1 toV�R Sand TO" Plum jr`1 �6 do h✓ gabr r Fax tdur�ber,� clFor y+�u� Jnformarlon/ RgpfY ASAP/ ❑ P(aosa Gommorl / ❑ Plaosn Ro.iawt/ Urgend ror:J pM?es ln�„ding ca�or shoat' �, �� rn s ,Or - 4832 Old Cao�3ryz43 3193 • Fax 1,733243'437 jackson,MO 53755 57 02/14/2000 12:54 5735478034 02%10/2006 08:34 FAX 314 432 9646 PAGE 05/07 H. & Sa i esI MO 6146-362ra i , c• 11635 LACM.AMD ROAD ST. LOIS, 3143436.06 49 -� 314-432-8196 VISIT OUR WEBSITE AT www.h- sales COMA To- Zoellner Co195trt1C6M Fraorn. Angela $milh Atte. t�,Jichael 1Ceillor Pages, l -- —�–_ — Fax: 573-547-8034 00M. 21)10"05 JRe. Cape Girardeau Fixe StUXn 7�3 ATPD TO CONACT_:. Per your Proposal. Request #3, the far IcyWing chaztgos ha' been rnadc to this job. Changes will be inClUdsd in submu.ttals; ho sever note th-dt material cannot be ordered until belol;u has been apProvcci. QTY ITEM ppening # ol9 add C label 1 add C label to woof door 1 ndd LJL Inbel to hr,.11ow metal frame TOTAL COST $ 96 NOTE: TMS MUST BE Sl4NED AVD RETURNED TO MY ATTENTION BEFORE T1 -11S NIA,TERIAZ, CAN' BE ORDERED CONTRACTOR DATE 02/14/2006 12:54 5735478034 �-Eu . 8. 5 L-, I . PAGE 06/07 Di - '1V%O 637Q2 -x.544 :• r, CapeGixar�eau> , .. . 4072 SWt Wghw"y Y% — ' '1cieph (5737 334.8271 a Fax (573) 384.0$9 �4cpYoyce Q�d DATE: F'ebruar'y 81 2006 1�T IS TO SE F'C.�RWAIW'E,D TO 'TkI' Fo LLOWINQ: '�'�19 i1��`QRNL�.�'�Q COMPANY: Zoe liner Construetaon Company, Inc. TE-LEpHONE Nth.: 573.547,8034, T -His XNFOILMA�T ON WAS SENT FROM: �rurY Cry p my NLA.i��: Dani�.l �Iol+dern ii.�9'1 ia('•��. Manager, WILL B� - U � �.�,G'ES FOT�LQWING Ti-ii.� COVER SETT. TMRE VrV O THIS ANY QUES'SI®NS Ct�NCi�iiMSG TM'TRA N M �R IF T it A D� � BE �PG'rXdJN, OR BRUUT.,D ANS �POR�CIiIN Nod ILLS- GIBLE, PLEASE CALL (573) 334-9271. RiE10'IA1kGs. ISE; Fig station Caps C•im rdeau, MO c�. 3, we q�.ote tc� furni.s�. Labor, m,ateri&ls and ecq��- Ben Per P N i for the foilowing Ex -TRA work; Add drywall, to closet l.9ZRp,�,T.. ......... ...... $ evI5,00 ADD TO CON ' ... T�azi�ei older, a,�'tj)cpj, ana��r ACCEPTED 02/14/2005 12:54 5735478034 FROM f3t����aw k E.tectric, Inc, t� D k;ox 248 pAP>r �aiF{Ai�DGAV • Mo 6370? (5y�) 335-,B210 PAX 8573) 33-$321 «�nn!YCFD TO City: State: Wa hereby submit QV,;r attes.s fbr, T -/—,obi! ) e'v PHONE NO, : 5733359321 f� PAGE 07107 Feb. 08 2006 07;25PM P2 Job Nor."} 5tr et: 1. t4 `$• City, -- ,.._.----!ata of Plans: Architect: W 16 VV4 hereby prtjpooe to furnish lebdr and rnatdrials - Qgmp eta in aftordRnca wlth the ab" S>rijCifiCAtiang; for the sum et; All materiel Is guarantcr!d to by M socci`ied. All work to bra compietsc in a tvork'nanlik§ rnarner ac=&ng to standarp gr3011099, Any nitcration or dcviation from above specifiwiona lnvoMng Encu; casts, will t)m eacecutsd Only upon Witten orders. and will hs -coma an a4ro Ch ge over grid above the usGmEttc. All agmerner is cominS3ent upon strikes, accldvnrs or del& s boyond our control, Owncr to carry 5ra, t6rn3do and other nccsssaiy Insuranc9. Our workers are fullycovsrecl by'uVorYrnan's CornpenaAdon Insurance. Authorized "latus o f I z NOTE: This proposal rnvy be wirli&a`Nn by us if not Rccerted whhln r Acceptance of propou.1 The above prices. specifications and c>nditiona arcs satisfactory and are hereby ac omcd, You are authorized to du til4 work els spq?cifi®d, Payment wll be made as outlined above, ,'1CCwpLcd-gnatur6 Page 1 of 1 Gantner, Steve From: Michael Keillor [michaelk@zcco.biz] Sent: Monday, February 27, 200611:16 AM To: Gantner, Steve Subject: Backup of pricing for Fire Station # 3 Price Proposal Request 001 Importance: High Attachments: Kelley Bid Support.pdf Steve, Please see the attached bid document from Nip Kelley Equipment that shows their bid portion of the pricing request No. 001. Please note that a credit is not showing up due to the fact that Vince had made arrangements to have the dirt hauled to a site where a customer was going to purchase the dirt from him (thus that lowered his bid for this project) now that the scope of work and parameters for the dirt removal have changed it would be a wash in his mind. Also, he has been asked to store the topsoil off of the project site over on the adjoining property owners site now (in lieu of pushing it to a neutral location on the site), which will create a need to lift and move the dirt. Please call me with any questions you might have about this explanation. Pursuing Authenic Biblical Manhood - A man who Rejects Passivity, Accepts Responsibility, Leads Courageously and Expects a Greater Reward - God's Reward, Michael L. Keillor Project Manager - Zoellner Construction Co. Inc. P: (573) 547-8030 F: (573) 547-8034 C: (573) 579-2265 v 0. .,AIA Document 6709TM - 2001 Work Changes Proposal Request PROJECT (Name and address): PROPOSAL REQUEST NUMBER: 001 OWNER: Cape Girardeau ARCHITECT:® Fire Station #3 & DATE OF ISSUANCE: January 31, 2006 EOC/Communication Center CONSULTANT: ❑ 1975 N. Sprigg CONTRACTOR: Cape Girardeau, MO FIELD: OWNER (Name and address): CONTRACT FOR: General Construction City of Cape Girardeau OTHER: 171 401 Independence CONTRACT DATE: January 09, 2006 Cape Girardeau, MO 63703 FROM ARCHITECT (Name and ARCHITECT'S PROJECT NUMBER: 04187 address): Archimages, Inc. 9717 Landmark Parkway Drive, Suite 207 St. Louis, MO 63127 TO CONTRACTOR (Name and address): Zoellner Construction Company, Inc. 875 PCR 500 Perryville, MO 63775 Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Within Ten ( 10 ) days, the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated. THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. DESCRIPTION (Insert a written description of the Work): Place any excess soils from our site onto the adjacent properties future street and compact. ATTACHMENTS (List attached documents that support description): Letter dated January 25, 2006, Agreement to grant easements and the provisions of a stormwater detention basin. Permanent access easement, temporary construction easement, permanent stormwater easement, site and grading plan sheet 1, profiles and details sheet 2. REQUESTED BY THE ARCHITEC Stephen M. Gantner, Jr. (Signature) (Printed name and title) AIA Document G709TM — 2001. Copyright © 1993 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA7 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:52:15 on 01/31/2006 under Order No. 1000169362_1 which expires on 4/7/2006, and is not for resale. (3865316283) User Notes: January 25, 2006 Steve Gantner Archimages 143 West Clinton Place Kirkwood, Mo. 63122 Dear Steve: Division of Planning Services City of Cape Girardeau 401Independence Cape Girardeau, Mo. 63703 Phone: 573-334-8326 Fax: 573-651-0860 RECEIV'E'S JAN 3 Q Mb ARCHIMAG'S' NO. Enclosed please find a copy of the Agreement between the City and the neighboring property owners to our Fire Station #3 site, Jerry and Carol McGuire. Also enclosed are copies of the easements needed for our fire station site grading and stormwater detention, as well as a copy of the revised grading plan and stormwater detention basin plans. Please note that the Agreement commits the City to place any excess dirt from our site on their property, in accordance with the enclosed plans. Basically, the excess dirt is to be used to fill where their proposed road is located and needs to be compacted, therefore. Please work with Abdul Alkadry, Assistant City Engineer, in negotiating a change order for the project which incorporates these revisions. Abdul's phone number is 573- 334-9020. If you have any questions, please feel free to contact me at 573-334-8326. Sincerely, Martha J. Brown Planner AGREEMENT TO GRANT EASEMENTS AND THE PROVISION OF A STORMWATER DETENTION BASIN Fire Station #3 Cape Girardeau, Missouri The undersigned, JERRY AND CAROL McGUIRE, hereinafter called the "Owners", in consideration of the mutual covenants and agreements herein set forth, agree to convey to the CITY OF CAPE GIRARDEAU, Missouri, hereinafter called the "City", a TEMPORARY CONSTRUCTION EASEMENT, a PERMANENT STORMWATER EASEMENT, and a PERMANENT ACCESS EASEMENT in, upon, over and across that certain tract of land described by metes and bounds in Exhibit A attached hereto and made a part hereof. The City agrees to construct and maintain a Stormwater Detention Basin to provide stormwater detention for both the City's Fire Station #3 property and the Owners property. The terms and conditions of this agreement are as follows: 1. The Owners agree to grant a Permanent Stormwater Easement for 1.065 acres (46,406 square feet) and a Permanent Access Easement for 0.263 acres (11,443 square feet) needed for a stormwater detention basin and access to the basin, as described in Exhibit A. The City agrees to construct a stormwater detention basin on this property which will serve both the City's Fire Station #3 property and the development proposed for the Owners property. 2. The City agrees to maintain the stormwater detention basin. 3. The Owners agree to grant a Temporary Construction Easement for 24,939 square feet of land needed for the grading of the City's Fire Station #3 property, as described in Exhibit A. 4. The City agrees that any excess dirt from its Fire Station #3 site will be placed on the Owners property in accordance with the grading and stormwater plans on file with the City. 5. It is agreed that the City will pay the expenses incident to the preparation and recordation of the easements to the City and procurement of the necessary title evidence. 6. The City agrees to seed and straw disturbed areas following the completion of construction. 7. The Owners represent that no elected City official or City employee shall be admitted to or share any part of this agreement, or to any benefits that may arise therefrom. 8. The terms and conditions aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the Owners. 9. All terms and conditions with respect to this agreement are expressly contained herein and the Owners agree that no representative or agent of the City has made any representation or promise with respect to this agreement not expressly contained within. yld� Je cGuir ate &40-,A Z,,- -) / /..v/o� Carol McGuire Date CITY OF CAPE GIRARDEAU, MISSOURI Douglas K. Leslie Date City Manager ATTEST: Gayle L. Conrad City Clerk Exhibit A Legal Description McGuire Permanent Stormwater Easement PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found stone, being on the south line of the Northeast Quarter of the Northwest Quarter of said Section 29, from which the Southeast corner of said Northeast Quarter of the Northwest Quarter bears South 89 degrees 12 minutes 39 seconds West 165.28 feet; thence South 89 degrees 12 minutes 39 seconds West along said South line 119.41 feet; thence South 67 degrees 39 minutes 18 seconds West 81.63 feet to the point of beginning. Thence from the point of beginning South 22 degrees 20 minutes 42 seconds East 20.00 feet; thence South 67 degrees 39 minutes 18 seconds West 88.24 feet; thence South 46 degrees 01 minutes 33 seconds West 451.12 feet to the West line of a tract of land described in Document Number 2005-04153 in the Cape Girardeau County Recorder's Office; Thence North 01 degrees 34 minutes 15 seconds East along said West line 311.77 feet; thence South 68 degrees 25 minutes 45 seconds East 110.09 feet; thence South 62 degrees 39 minutes 47 seconds East 94.07; thence North 67 degrees 57 minutes 33 seconds East 82.09 feet; thence North 46 degrees 01 minutes 33 seconds East 49.01 feet; thence North 67 degrees 39 minutes 18 seconds East 92.06 feet to the point of beginning, and containing 1.065 acres, (46,406 square feet), more or less. Legal Description McGuire Permanent Access Easement PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found stone, being on the South line of the Northeast Quarter of the Northwest Quarter of said Section 29, from which the Southeast corner of said Northeast Quarter of the Northwest Quarter bears South 89 degrees 12 minutes 39 seconds West 165.28 feet; thence South 89 degrees 12 minutes 39 seconds West along said South line 119.41 feet; thence South 67 degrees 39 minutes 18 seconds West 51.63 feet to the point of beginning. Thence from the point of beginning South 22 degrees 20 minutes 42 seconds East 135.52 feet; thence along a non -tangent curve being concave to the Southeast, having a radius of 215.00 feet, a chord bearing North 80 degrees 26 minutes 00 seconds East 65.62 feet, for an arc length of 65.87 feet; thence North 89 degrees 12 minutes 39 seconds East 152.32 feet to the West right of way of North Sprigg Street; thence South 14 degrees 35 minutes 15 seconds East along said West right of way 30.89 feet; thence leaving said West right of way South 89 degrees 12 minutes 39 seconds West 159.69 feet; thence along a curve to the left, having a radius of 185.00 feet, a chord bearing South 76 degrees 06 minutes 27 seconds West 83.88 feet, for an arc length of 84.62 feet; thence North 22 degrees 20 minutes 42 seconds West 165.61 feet; thence North 67 degrees 39 minutes 18 seconds East 30.00 feet to the point of beginning, and containing 0.263 acres, (11,443 square feet), more or less. Legal Description McGuire Temporary Construction Easement A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a stone, said stone marking the Quarter corner to Sections 19 and 30, Township 31 North, Range 14 East; thence South 57°06'17" East, 4,782.55 feet to a point being on the Western Right -of -Way line of North Sprigg Street; thence North 01°28'53" West, 721.87 feet to an iron pin; thence South 89°15'27" West, 102.08 feet along the North line of Casquin Park, to the point of beginning; thence North 01°28'53" West, 262.17 feet; thence North 89°15'05" East, 328.70 feet to a point being on the Western Right -of -Way line of North Sprigg Street; thence along said Right -of - Way line, North 13°19'53" East, 10.31 feet; thence leaving said Right -of -Way line; South 89°15'05" West, 50.32 feet; thence North 70°10'29" West, 141.24 feet; thence North 82°02'57" West, 165.69 feet; thence South 6743'20" West, 35.41 feet; thence South 31°56'37" West, 42.76 feet; thence South 2727'02" East, 138.70 feet; thence South 01°28'53" East, 174.06 feet, to a point on said North line of Casquin Park; thence with said North line, North 8915'05" East, 10.00 feet, to the point of , beginning and containing 24,939 square feet, or 0.57 acres, more or less, subject to any easements. PERMANENT ACCESS EASEMENT KNOW ALL MEN BY THESE PRESENTS: JERRY MCGUIRE AND CAROL MCGUIRE, husband and wife, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found stone, being on the South line of the Northeast Quarter of the Northwest Quarter of said Section 29, from which the Southeast corner of said Northeast Quarter of the Northwest Quarter bears South 89 degrees 12 minutes 39 seconds West 165.28 feet; thence South 89 degrees 12 minutes 39 seconds West along said South line 119.41 feet; thence South 67 degrees 39 minutes 18 seconds West 51.63 feet to the point of beginning. Thence from the point of beginning South 22 degrees 20 minutes 42 seconds East 135.52 feet; thence along a non -tangent curve being concave to the Southeast, having a radius of 215.00 feet, a chord bearing North 80 degrees 26 minutes 00 seconds East 65.62 feet, for an arc length of 65.87 feet; thence North 89 degrees 12 minutes 39 seconds East 152.32 feet to the West right of way of North Sprigg Street; thence South 14 degrees 35 minutes 15 seconds East along said West right of way 30.89 feet; thence leaving said West right of way South 89 degrees 12 minutes 39 seconds West 159.69 feet; thence along a curve to the left, having a radius of 185.00 feet, a chord bearing South 76 degrees 06 minutes 27 seconds West 83.88 feet, for an arc length of 84.62 feet; thence North 22 degrees 20 minutes 42 seconds West 165.61 feet; thence North 67 degrees 39 minutes 18 seconds East 30.00 feet to the point of beginning, and containing 0.263 acres, (11,443 square feet), more or less. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns, to use said property for access to a stormwater detention basin. This easement and the right, privilege, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. IN WITNESS WHEREOF, the undersigned h executed this easement this o2 `/ day of cj'A_jc/ E 2006. 7_ STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU Carol McGuire On this 2-T 0 -,day of J -t - , 2006, before me personally appeared Jerry and Carol McGuire, husband and wife, to me kno n to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. My Commission Expires: ECommission [Typed Name of Notary Public] "NOTARY SEAL "ha J. Brown, Notary Publicirardeau County, State of Missouriommission Expires 12/6/2009 Number 05400060 TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: JERRY MCGUIRE AND CAROL MCGUIRE, husband and wife, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a stone, said stone marking the Quarter corner to Sections 19 and 30, Township 31 North, Range 14 East; thence South 57006'17" East, 4,782.55 feet to a point being on the Western Right -of -Way line of North Sprigg Street; thence North 01'28'53" West, 721.87 feet to an iron pin; thence South 89015127" West, 102.08 feet along the North line of Casquin Park, to the point of beginning, thence North 01028153" West, 262.17 feet; thence North 89°15'05" East, 328.70 feet to a point being on the Western Right -of -Way line of North Sprigg Street; thence along said Right -of -Way line, North 13019'53" East, 10.31 feet; thence leaving said Right -of -Way line, South 89015'05" West, 50.32 feet; thence North 70010'29" West, 141.24 feet; thence North 8202'57" West, 165.69 feet; thence South 67°43'20" West, 35.41 feet; thence South 3156'37" West, 42.76 feet; thence South 27°27'02" East, 138.70 feet; thence South 01°28'53" East, 174.06 feet, to a point on said North line of Casquin Park; thence with said North line, North 8915'05" East, 10.00 feet, to the point of beginning and containing 24,939 square feet, or 0.57 acres, more or less, subject to any easements. Said right, privilege, permission and authority to enter on and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns to perform grading in conjunction with the construction of Fire Station #3, as shown on the plans and specifications therefor on file in the Office of the City Engineer. This easement and the rights, privileges, permission and authority herein granted shall cease and terminate at the time the said project is completed and approved and accepted by the City Council., or on December 31, 2009, whichever occurs first. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. IN WITNESS WITEREOF, the undersigned has executed this easement this _ day of 2006. STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this 2411, day of .2006, before me personally appeared Jerry and Carol McGuire, husband and wife, to me um to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. My Commission Expires: [Typed Name of Notary Public] -NOTARY SEAL " Martha J. Brown, Notary Public Cape Girardeau County, State of Missouri My Commission Expires 12/6/2009 Commission Number 05400060 t PERMANENT STORMWATER EASEMENT KNOW ALL MEN BY THESE PRESENTS: JERRY MCGUIRE AND CAROL MCGUIRE, husband and wife, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: PART OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at a found stone, being on the south line of the Northeast Quarter of the Northwest Quarter of said Section 29, from which the Southeast corner of said Northeast Quarter of the Northwest Quarter bears South 89 degrees 12 minutes 39 seconds West 165.28 feet; thence South 89 degrees 12 minutes 39 seconds West along said South line 119.41 feet; thence South 67 degrees 39 minutes 18 seconds West 81.63 feet to the point of beginning. Thence from the point of beginning South 22 degrees 20 minutes 42 seconds East 20.00 feet; thence South 67 degrees 39 minutes 18 seconds West 88.24 feet; thence South 46 degrees 01 minutes 33 seconds West 451.12 feet to the West line of a tract of land described in Document Number 2005-04153 in the Cape Girardeau County Recorder's Office; Thence North 01 degrees 34 minutes 15 seconds East along said West line 311.77 feet; thence South 68 degrees 25 minutes 45 seconds East 110.09 feet; thence South 62 degrees 39 minutes 47 seconds East 94.07; thence North 67 degrees 57 minutes 33 seconds East 82.09 feet; thence North 46 degrees 01 minutes 33 seconds East 49.01 feet; thence North 67 degrees 39 minutes 18 seconds East 92.06 feet to the point of beginning, and containing 1.065 acres, (46,406 square feet), more or less. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns, to use said property for the construction, maintenance, repair, and replacement of a stormwater detention basin. This easement and the right, privilege, permission and authority herein granted is perpetual and shall run with the land. The undersigned covenant that they are the owners in fee simple of the above described property and have the legal right to convey same. IN WITNESS WHEREOF, the undersigned has xecuted this easement this ;2-V day of ItTA- Z V6 , 2006. /-,-, 11 Carol McGuire d STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this 2*�k day of �jtyVUML ry , 2006, before me personally appeared Jerry and Carol McGuire, husband and wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. C My Commission Expires: [Typed Name of Notary Public] (E"NOTARY AL "tary Publicate of Missouri 12/6/200905400060 _%9.--r,A1A Document G709 TM —2001 Work Changes Proposal Request PROJECT (Name and address): PROPOSAL REQUEST NUMBER: 002 OWNER: Cape Girardeau ARCHITECT: Fire Station #3 & DATE OF ISSUANCE: February 06, 2006 EOC/Communication Center CONSULTANT: ❑ 1975 N. Sprigg CONTRACTOR: Cape Girardeau, MO FIELD: OWNER (Name and address): CONTRACT FOR: General Construction OTHER: ❑ City of Cape Girardeau 401 Independence CONTRACT DATE: January 09, 2006 Cape Girardeau, MO 63703 FROM ARCHITECT (Name and ARCHITECT'S PROJECT NUMBER: 04187 address): Archimages, Inc. 9717 Landmark Parkway Drive, Suite 207 St. Louis, MO 63127 TO CONTRACTOR (Name and address): Zoellner Construction Company, Inc. 875 PCR 500 Perryville, MO 63775 Please submit an itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Within Ten ( 10 ) days, the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated. THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. DESCRIPTION (Insert a written description of the Work): Provide floor drains "FD2" with trap primers and spply line. ATTACHMENTS (List attached documents that support description): REQUESTED BY THE ARCHITECT: vl%— Stephen M. Gantner, Jr. (Signature) (Printed name and title) AIA Document G709TM — 2001. Copyright © 1993 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any 1 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:22:26 on 02/06/2006 under Order No.1000169362_1 which expires on 4/7/2006, and is not for resale. U (1128591710) User Notes: CONRAD & ASSOCIATES, Inc. Consultants/Planners/Designers Mr. Steve Gantner Archimages, Inc. 143 W. Clinton Place Kirkwood, Missouri 63122 Re: Cape Firehouse #3 Dear Steve: RECEIVED JAN 19 2006 ARCHIMAGES, INC. 13434 Clayton Road Saint Louis, Missouri 63131 314-576-7967 F-576-5352 January 17, 2006 After review of the letter from Cape Girardeau dated January 6, 2206, I have called and talked with Lee Hill the plan examiner. I discussed the items that pertain to the portion of work we were involved with. The attached, is our response to Mr. Hill's letter. He and I have reviewed both his comments and my responses. Please pass this information on to the contractor's for coordination. If you have any questions don't hesitate to call. Yours, Paul E. Cape Girardeau Firehouse 93 January 17, 2006 Proposal Request: 1) Plumbing contractor is to provide additional cost to provide floor drains "FD2" with trap primers and supply line. End of Proposal Request SAIA Document G709 TM —2001 Work Changes Proposal Request PROJECT (Name and address): PROPOSAL REQUEST NUMBER: 003 OWNER: Cape Girardeau ARCHITECT: Fire Station #3 & DATE OF ISSUANCE: February 06, 2006 ECIC/Communication Center CONSULTANT: ❑ 1975 N. Sprigg CONTRACTOR: Cape Girardeau, MO FIELD: OWNER (Name and address): CONTRACT FOR: General Construction OTHER: ❑ City of Cape Girardeau 401 Independence CONTRACT DATE: January 09, 2006 Cape Girardeau, MO 63703 FROM ARCHITECT (Name and ARCHITECT'S PROJECT NUMBER: 04187 address): Archimages, Inc.` 9717 Landmark Parkway Drive, Suite 207 St. Louis, MO 63127 - TO CONTRACTOR (Name and address) Zoellner Construction Company, Inc. 875 PCR 500 Perryville, MO 63775 Please submit an' itemized proposal for changes in the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. Within Ten ( 10 ) days, the Contractor must submit this proposal or notify the Architect, in writing, of the date on which proposal submission is anticipated. THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. DESCRIPTION (Insert a written description of the Work): Change closet #019 from partition type "1" to "1B" and change the rating on door #19 from "no rating" to "3/4" hour. ATTACHMENTS (List attached documents that support description): Attached sketches SK -2 and SK -3 dated 02/03/06 REQUESTED BY THE ARCHITECT: Stephen M. Gantner, Jr. (Signature) (Printed name and title) AIA Document G709TM — 2001. Copyright © 1993 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AfA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:23:04 on 02/06/2006 under Order No.1000169362_1 which expires on 4/7/2006, and is not for resale. User Notes: (666932629; ATION 1 I ,. •:- pie, - . cul EMER3ENCY OPERATIONS CENTER O-0 m '111EM ,O ILII 7t ' L'I �i 'mO� ; ; 0 ��, .lo; FIRE RATED WALL & DOOR - CITY COMMENT ITEM #2 DATE: 2-3-06 NEW FIRE STATION #3 ®ARCHIMAGES/ ARCHINTERIORS JOB: 04187 DWS: CAPE GIRARDEAU FIRE DEPARTMENT 1975 NORTH SPRIGG STREET " ��" p'� 314-965-7445 SK -2 CAPE GIRARDEAU, MISSOURI FIRE RATED WALL & DOOR - CITY COMMENT ITEM #2 DATE: P-3-06 NEW FIRE STATION #3 CAPE GIRARDEAU FIRE DEPARTMENT 1975 NORTH SPRIGG STREET CAPE GIRARDEAU, MISSOURI `ARCHIMAGESI ARCHINTERIORS JoB: 04187 DWS: I SK -31 mK® a.� �- " �"` a.� 314-965-7445 I 3 3'-0" x 7'-0" x 1 3/4" E3.1 No MTL 5/A5.1 5/A5.1 �A 3'-0" x 7'-0" x 1 3/4" 5.1 No MTL 5/A5.1 5/A5.1 4E3 3'-0" x 7'-0" x 1 3/4" B.I Wo MTL 5/A5.1 5/A5.1 17 3'-0" x 7'-O" x 1 3/4" B Wo MTL 5/A5.1 5/A5.1 8 FR. 3'-0" x 7'-0" x 1 3/4" G MTL MTL 5/A5.1 5/A5.1 11 3'-0" x 7'-0" x 1 3/4" B NO MTL 5/A5.1 5/A5.1 3/4 HR FIRE RATED WALL & DOOR - CITY COMMENT ITEM #2 DATE: P-3-06 NEW FIRE STATION #3 CAPE GIRARDEAU FIRE DEPARTMENT 1975 NORTH SPRIGG STREET CAPE GIRARDEAU, MISSOURI `ARCHIMAGESI ARCHINTERIORS JoB: 04187 DWS: I SK -31 mK® a.� �- " �"` a.� 314-965-7445 I REQUESTED BY THE ARCHITECT: Stephen M. Gantner, Jr. (Signature) (Printed name and title) AIA Document G709TM — 2001. Copyright ©1993 and 2001 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:24:06 on 02/06/2006 under Order No.1000169362_1 which expires on 4/712006, and is not for resale. User Notes: (1410976768)